Wolfe v. Bradberry

Citations

• 140 Ill. 578
• 30 N.E. 665

Syllabus

<p>1. Specific performance—contract must be clearly established and', upon a valuable consideration. It is well settled that the specific performance of a contract for the conveyance of land will not be decreed: unless the contract is established by competent evidence, and is free-from doubt or suspicion, clear and definite in its terms, and founded, upon a valuable consideration.</p> <p>2. Chancery practice — court not confined to master’s report and exceptions thereto. On the coming in of the master’s report containing findings of fact, the court may make additional findings of fact, if the evidence accompanying the master’s report warrants the same. The court is not confined in its review of evidence to the mere question of ascertaining whether the exceptions filed to the report, or any of them, should be sustained.</p> <p>3. Same—exceptions to master’s report. Where the master’s report is-returned into court, the party objecting to it may file exceptions, upon the hearing of which the whole evidence is brought forward and passes, in review before the court.</p> <p>4. Same—stipulation as to objections and exceptions to testimony before the master. Where the parties to a bill in chancery stipulate that objections and exceptions to testimony taken before the master may be-made and taken before the court, on the hearing, without being made or taken before the master, the court may properly consider objections to testimony, whether embraced in the formal exceptions to the findings of the master’s report or not.</p>